Representative Wayne Burton (D-NH) has proposed a bill to support New Hampshire students with developmental disabilities who seek to attend institutions of higher education after high school. If passed, it would go into effect January 1, 2027.
The bill would provide proper programming, as received in high school, for these students at the university level, with grants from the New Hampshire Department of Education. In order to receive this grant, colleges must show that they are already providing equal opportunity for students with developmental disabilities and are overall showing a long-term commitment to inclusive programming from which they can build upon.
Burton has been a long-time advocate for accessibility and fair treatment of students with developmental disabilities in higher education for decades.
In 2013, as he was serving as President of North Shore Community College in Lynn, Massachusetts, Burton received a request from the late Senator Ted Kennedy on a piece of legislation later involving various other college leaders, senators, and congressmen across the country.
“The original federal bill required 'free and appropriate program in the least restrictive environment' for students diagnosed with learning disabilities. But current law only covers students until they graduate from secondary school and not beyond,” said Burton. “He and I were concerned with regard to what happens after that. Often they get lost in the shuffle.”
A portion of the first steps in this legislation focused on the reauthorization of the Higher Education Act (HEA). It is intended to include proper language and implement services for students with intellectual disabilities in places of higher education. The proposal emphasized the language related to “Comprehensive Transition & Postsecondary Programs for Students with Intellectual Disabilities.”
The most significant portion of the reauthorization is the pilot grant program to “promote the successful transition of students with intellectual disabilities into higher education.” As these students begin to age out of secondary school systems, this program proposes that students will be provided with education, housing, personal safety, life skills/vocational pathways, and medical care as they enter a place of higher education.
Burton has worked closely with Melissa Diadoti, Associate Director of UNH-4U and Bridges at the UNH Institute on Disability, to obtain information and research on these programs for his proposal. They have worked on getting the proper data and support Burton needs for the bill, as well as making certain the proposal is unbiased in information and language.
UNH 4-U is a program very similar to the programs proposed in the HEA reauthorization Burton worked on, with Bridges being its virtual version. It is a two-year program for students 18-25 with intellectual disabilities where they can live on campus, take inclusive classes, join clubs, and work on campus. Students are able to meet with academic coaches, attend advisory meetings, and have a handful of resources available to them through the program and UNH Student Accessibility Services.
“All students can go to college and succeed; they just need the right accommodations,” said Diadoti.
This leads to Burton’s bill proposal.
“The point of it is to provide programming at the post-secondary level for students graduating from secondary schools on IEPs and getting lost as they no longer have special education coverage as they try to maximize their potential, a serious flaw in our education system,” said Burton.
This new bill would ensure equal academic and social treatment of students with developmental disabilities. While typical students are able to earn scholarships from high school grades and standardized test scores, developmentally disabled students now have a chance at scholarships as well, under Burton’s bill. When colleges receive the $100,000 grant from the New Hampshire Department of Education, they are required to use 25% of this money to give scholarships to students, and the money must be used by June 30, 2028.
Every six months, colleges that receive a grant would be required to report on how their program is going, what support they need, how many students are participating, and employment outcomes for these students. From there, the Department of Education would send an annual report to the state legislature on the program’s overall success.
Looking back to secondary school districts, students with developmental disabilities can obtain an Individualized Education Program (IEP). Students who fall under this commonly have autism, Down syndrome, traumatic brain injuries, learning disabilities, or developmental delays, among other disorders and diagnoses.
IEPs in secondary school systems are protected by the Individuals with Disabilities Education Act, where there are legal requirements surrounding them. After high school, the IEP is not a legally binding document that a college is required to follow.
So, how do these students stay afloat in college without the IEPs they have most likely had their entire academic career?
Students with intellectual disabilities entering higher education are still protected through the Americans with Disabilities Act (ADA), but what does not carry over is their 504 plan, which is a civil rights protection ensuring these students are not excluded from federally funded programs. A 504 plan accommodates these students in secondary school with a customized plan to obtain an education equal to that of their non-disabled peers. This could mean extended time on exams, preferential seating, or modified course material. As the 504 plan is not legally binding in a college setting, from here onward, IEPs are merely a resource for students to navigate the individualized accommodations they are seeking in college, which are all done through their own self-advocacy.
“Inclusive post-secondary programs are designed so that individuals with intellectual disabilities can come to college and have a successful college experience and meet the goals that they want to meet,” said Diadoti.
The person-centered plan at UNH-4 U has three aspects: employment, community living, and quality of life. After going through an application and interview process, students are accepted and begin to individualize what these three aspects will look like for them across their four semesters.
Andrew Houtenville, Disability Research Director at the UNH Institute on Disability, works extensively with disability statistics and employment policy research.
Houtenville believes that K-12 school districts could do a better job at preparing students with intellectual disabilities for their transition from high school to college, and what to expect in terms of specialized support.
“I think it's typically not viewed as an option,” said Houtenville. “And I think raising expectations is the first thing as a community and as a state. And backing that up with coordination among the various systems to consider this a real opportunity that they may or may not take advantage of.”
Think College is a national initiative dedicated to the development and expansion of higher education options for individuals with intellectual disabilities. As Houtenville mentioned, higher education for these individuals often is not seen as an option, but Kathleen Becht of UMass Boston Think College National Coordinating Center authored a document titled, Individualized Education Program (IEP) Goal Ideas to Support College Readiness. This gives students an opportunity and further understanding of what they need to be prepared for and how they need to advocate for themselves in a college setting.
The document covers electronic communication independence, problem-solving, organizational and time management skills, how to serve as a regularly scheduled employee, and much more. It is a layout of guidelines preparing and leading students with intellectual disabilities to success in the three aspects of UNH 4-U: employment, community living, and quality of life.
UNH-4 U was funded by a TPSID grant, Transition and Postsecondary Programs for Students with Intellectual Disabilities, from the Department of Education. The Higher Education Opportunity Act (HEOA) of 2008 outlines how TPSIDS provide personalized support for students to fully immerse themselves in college with their non-disabled peers. The act highlights the importance of evaluating what works and what does not in seeking both educational and social success for these students.
TPSID grants are given to institutions across the United States, assisting in the expansion of college programs such as UNH-4 U. These grants are awarded to institutions that are demonstrating high-quality, inclusive education for students with intellectual disabilities. In 2020, UNH, one of 17 US colleges to obtain an award, received a $2.5 million grant for the Granite State TPSID Project. This project works to create greater access to higher education opportunities for students with intellectual disabilities.
Burton is on the same track, continuing to advocate for individuals with developmental disabilities as he awaits feedback on his bill.
“I’m hoping it will get support, but in this contentious environment, a challenge it will be,” said Burton.
